IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 1539 of 2008()
1. MUHAMMED AJEER @ AJEER, S/O.SULAIMAN,
... Petitioner
2. IQBAL.P., S/O.MAJEED, AGED 34 YEARS,
Vs
1. STATION HOUSE OFFICER, TALIPARAMBA
... Respondent
For Petitioner :SRI.V.A.SATHEESH
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :12/03/2008
O R D E R
R. BASANT, J.
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B.A. No. 1539 OF 2008 D
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Dated this the 12th day of March, 2008
O R D E R
Application for anticipatory bail. Petitioners are
accused Nos.2 and 3. They face allegations in a crime
registered alleging offences punishable, inter alia, under
sections 324 and 379 read with 149 IPC. Three accused
persons including the petitioners are named in the FIR. The
other accused named in the FIR i.e. A1, has already been
arrested and granted regular bail. Altogether there are eight
accused persons. The alleged incident took place on the
morning of 14.1.08. There was tension in the locality
consequent to disputes between the followers of the IUML
and the CPI(M). The petitioners belong to the IUML. They
had allegedly attacked the de facto complainant, a person
owing allegiance to the CPI(M) in a bus in which he was
travelling on that morning. He was assaulted and the money
kept in his pocket was taken away by using force. Crime has
BA.1539/08
: 2 :
been registered. The petitioners apprehend imminent arrest.
2. The learned counsel for the petitioners submits that
the petitioners are innocent. The de facto complainant
belongs to the CPI(M). He has political clout and influence.
Because of such political clout, false and vexatious
allegations are raised against his political opponents. Police
is only obliging the de facto complainant. In these
circumstances, the petitioners may be granted anticipatory
bail. They may be saved of the trauma of arrest and
detention, submits the learned counsel for the petitioners.
3. The learned Public Prosecutor opposes the
application. He submits that all the available indications do
clearly point to the complicity of the petitioners and they are
named in the FIR also. In these circumstances, there is no
justification in the prayer for invocation of the extraordinary
equitable discretion under section 438 Cr.P.C. The
petitioners may be directed to surrender before the learned
Magistrate or the investigating officer and then seek regular
bail, submits the learned Public Prosecutor.
BA.1539/08
: 3 :
4. Having considered all the relevant inputs, I find
merit in the opposition by the learned Public Prosecutor. I am
satisfied that there are no features in this case which would
justify the invocation of the extraordinary equitable discretion
under Section 438 Cr.P.C. This, I agree with the learned
Public Prosecutor, is a fit case where the petitioners must
appear before the investigating officer or the learned
Magistrate having jurisdiction and then seek regular bail in the
normal and ordinary course.
5. In the result, this petition is dismissed. Needless to
say, if the petitioners surrender before the investigating officer
or the learned Magistrate and apply for bail, after giving
sufficient prior notice to the Prosecutor in charge of the case,
the learned Magistrate must proceed to pass appropriate
orders on merits, in accordance with law and expeditiously.
(R.BASANT, JUDGE)
aks
